Last April, I wrote about here the tale of Daniel Rushing, the Florida retiree who was pulled over by Orlando police as he drove out of a 7-11. Though the cops first said they stopped him for not coming to a complete stop before entering traffic and travelling 12 miles over the speed limit, it turned out they were staking out the location, after area residents complained about drug activity there.

When Rushing handed over his license, the police noticed his wallet also held an out-of-state concealed-carry permit. Asked if he had a gun in his car, the former city parks employee in his mid-60’s said he did. The police then started search his car – and that’s when the real trouble started.

Though having his gun in the car was perfectly legal, one of the cops soon discovered what she took to be evidence of a serious drug crime. Specifically, she detected on the driver’s side floorboard near the spot for the driver’s feet a few pieces of a shiny, rock-like white substance. At first, she thought it was crack cocaine, but soon decided it was crystal methamphetamine.

The driver offered a different explanation for the mysterious substance: once a week, he drives a sick friend to a chemotherapy appointment. After that, he often picks up a treat, usually a glazed doughnut, at a nearby Krispy Kreme shop, and eats it in his car. So, the objects triggering the cop’s suspicions weren’t cocaine or meth, but instead flakes of doughnut glaze.

But the drug-hunting cops next performed a field test on the mysterious substance, got a positive reaction, and were soon bundling Rushing in handcuffs to the county jail, where he was strip-searched, locked up for 10 hours, and delayed six hours in taking anti-pain medicine for a back injury. Eventually released on bail, he was charged with possessing methamphetamines; the presence of a gun escalated the maximum penalty from five years to 15.

Field tests like the one given Rushing are cheap — usually about $2 – but far from precise (they’re not accepted as evidence in most courts, because many innocent substances can produce false positives), plus they require careful use (the meth field test Orlando police use requires two separate chemicals; if applied in the wrong order, results are worthless). When more detailed and reliable testing results came in from a state lab a few days later, no controlled drug was found to be present, and the charges against Rushing were dropped.

But the second-degree felony drug and firearms arrest was still on his record, which stymied his efforts to start a security consulting business. Rushing sued the Orlando police, and the maker of the roadside drug testing kit they used. His case was helped by state police data showing in over a fifth of cases where local cops turn over suspected meth for testing, the sample turns out not to be meth. While the county initially defended the arrest and testing, before year’s end they paid Rushing a $37,500 settlement, and hundreds of Orlando police got added training on field testing for drugs.

The client was charged with driving while impaired by drugs. We showed the DA’s office the client suffered from hyperkalemia, a medical condition caused by an elevated level of potassium which can cause fatigue, lethargy and confusion. All charges were dismissed.

Client was charged with Robbery in the Second Degree. He was with a friend who robbed a person sitting in a parked car. We were able to show the DA’s office that our client had no knowledge of his friends intent. We were able to get the felony reduced to a Disorderly Conduct which is a non criminal offense.

Client was charged with Criminal Posession of a Weapon and was facing a minimum of three and one half years. During an evidentiary hearing we were able to show that the police confuted an illegal search the gun was suppressed and the charge was dismissed.

Client was charged with Grand Larceny. It was her 7th arrest during the previous 10 years. The DA’s office was not offering a reduced charge and was requesting jail time. We got the client involved in a work and parenting program and were able to secure a plea to a misdemeanor without jail or probation.

Client was charged with Unlawful Surveilence. After his plea of guilty it was a discretionary decision to be made by the court as to weather he had to register as a sex offender. Through our efforts we were able to have him sentenced without having to register.

Client Testimonials

"I can’t thank Scott enough for helping me. I had never been arrested before and found myself in the middle of a nightmare. I was arrested for and charged with criminal Mischief in the Third degree which is a class E Felony. Scott was first able to get the charge reduced to a misdemeanor. He was then able to see that the case was completely dismissed."

T.T.Charged with Felony Assault and Criminal Mischief in Queens County

"Scott Limmer is a very knowledgeable Nassau County NY lawyer and has been extremely helpful to me and my family over 8 months of court. He knows how to handle the ADA and his tenacity has been untiring. The quality of his work is in the ending of the case, with justice being served and correct. We are very fortunate and thankful to have found Scott Limmer to represent us. Thank you Scott and God Bless"

F.L.Arrested for Robbery in the Second Degree in Nassau County

"Scott Limmer is a man of his word and an attorney with integrity above reproach. When one needs a criminal attorney it is usually the most harrowing time of your life. Scott Limmer makes a horrible situation easier. He speaks in layman’s terms and explains your situation every step of the way. He keeps the costs to a minimum and delivers beyond expectations. I would recommend choosing Scott Limmer as your attorney hands down."

A.O.Arrested for Suffolk County Felony

"I was arrested for a felony Mr. Limmer would not agree to any of the offered plea bargains. He was able to get the case dismissed. I can’t thank him enough for his hard work and professionalism."

D.D.Arrested for Falsifying Business Record in the First Degree in Nassau

"Scott helped me thru a very difficult 20 months of navigating thru the Nassau county legal system. His advice was on the money from the start to the end. Amicable, tenacious and knowledgeable, just some of the words to describe him…In the end I credit his guidance in helping me get the just court decision…But then again he knew the outcome….thanks Scott…we remain in touch to this day and my case was over almost two years ago…"

T.C.Arrested for Assault in the Third Degree in Nassau County

"Helped me thoroughly with all my traffic dealings. He is my go to guy for my company. Scott is the best."